Arjun @ Arjun Behera @ Lokanath Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Arjun @ Arjun Behera @ Lokanath Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail not granted; Petitioner directed to surrender before the learned J.M.F.C.-V, Bhubaneswar within four weeks and move for bail, with first-hour consideration by the Magistrate strictly on the materials on record and, on rejection, same-day second-hour consideration by the higher forum maintaining parity if applicable; Case Diary including injury report to be made available to the concerned courts prior to surrender.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest bail under Section 482 of B.N.S.S. in connection with Airport P.S. Case No.02 of 2025, corresponding to C.T. Case No.16 of 2025, pending before the learned J.M.F.C.-V, Bhubaneswar.

Court's answer

Considering the facts of the case, the Court was not inclined to grant pre-arrest bail to the Petitioner.

Ratio / Principle

On the submission of the learned counsel for the Petitioner, the Petitioner is directed to surrender before the learned J.M.F.C.-V, Bhubaneswar in the aforesaid case within four weeks and move for bail; on such event, the learned Magistrate shall consider his bail application in the first hour strictly on the basis of the materials on record.

Key takeaways

In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour; the higher forum shall consider and dispose of the bail application on the same day strictly on the basis of the materials on record, maintaining the principles of parity, if applicable.ratio¶¶22
Case Diary including the injury report is to be made available to the concerned courts on an application being filed prior to surrender of the Petitioner before the court below; records are to be transmitted to the higher forum at the cost of the Petitioner, if applied for.ratio¶¶23

Detailed headnote1 paragraphs

Orissa High Court (Cuttack), order dated 16.04.2025 by Aditya Kumar Mohapatra, J., in ABLAPL No.486 of 2025: application under Section 482 of B.N.S.S. for pre-arrest bail by Arjun @ Arjun Behera @ Lokanath Behera in connection with Airport P.S. Case No.02 of 2025, corresponding to C.T. Case No.16 of 2025, pending before the learned J.M.F.C.-V, Bhubaneswar, for alleged offences punishable under Sections 126(2)/118(1)/117(2)/109/351(2)/3(5) of B.N.S., 2023 read with Section 27 of the Arms Act, 1959. Considering the facts of the case, the Court was not inclined to grant pre-arrest bail. On the submission of the Petitioner's counsel, the Petitioner was directed to surrender before the learned J.M.F.C.-V, Bhubaneswar within four weeks and move for bail; the Magistrate to consider the application in the first hour strictly on the materials on record; on rejection, the Petitioner may move before the higher forum in the second hour, which shall consider and dispose of the application the same day on the materials on record, maintaining the principles of parity, if applicable. Case Diary including the injury report to be made available to the concerned courts on an application prior to surrender; records transmissible to the higher forum at the Petitioner's cost. The ABLAPL was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.486 of 2025

Arjun @ Arjun Behera @ Lokanath Behera

.....

Petitioner

Represented By Adv. – Mr. Rabi Narayan Mohanty

-versus-

State Of Odisha ..... Opposite Party

Represented By Adv. –

Smt. Siva Mohanty, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

16.04.2025

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party.

The present application has been filed under Section 482 of B.N.S.S. by the Petitioner seeking pre-arrest bail in connection with Airport P.S. Case No.02 of 2025, corresponding to C.T. Case No.16 of 2025, pending in the court of learned J.M.F.C.-V, Bhubaneswar, registered for alleged commission of offences punishable under Sections 126(2)/118(1)/117(2)/109/351(2)/3(5) of B.N.S., 2023 read with Section 27 of the Arms Act, 1959.

Considering the facts of the case, this Court is not inclined to

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grant pre-arrest bail to the Petitioner.

However, on the submission of the learned counsel for the Petitioner, the Petitioner is directed to surrender before the learned J.M.F.C.-V, Bhubaneswar in the aforesaid case in the first hour within four weeks hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

Case Diary including the injury report be made available to the concerned courts on an application being filed prior to surrender of the Petitioner before the court below. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

The ABLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra) Judge

Debasis

Signature Not Verified

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 21-Apr-2025 10:24:08

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